B-150913, JAN. 22, 1964

B-150913, JAN. 22, 1964

TO CAIN BROTHERS, INCORPORATED:

WE REFER TO THE MATTER OF THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF MR. HARRY W. PAINE, AN EMPLOYEE OF THE UNITED STATES INTERNATIONAL COOPERATION ADMINISTRATION, FROM PANAMA CITY, PANAMA TO CURITIBA, BRAZIL, AND TO THE UNITED STATES IN NOVEMBER 1959.

THE RECORD SHOWS THAT YOUR FIRM HANDLED THE PACKING, TRUCKING, VAN LOADING, AND DELIVERY TO THE PIER OR AIRFIELD OF MR. PAINE'S EFFECTS PART OF WHICH WERE DESTINED FOR BRAZIL AND PART FOR THE UNITED STATES (MIAMI, FLORIDA). FOR SUCH SERVICES YOU WERE PAID THE SUM OF $1,640.70, WHICH INCLUDED AIR FREIGHT CHARGES ON 3,904 POUNDS GROSS (3,718 POUNDS NET) TO MIAMI, FLORIDA. LATER, ON THE FLORIDA SHIPMENT YOU WERE ALLOWED AN ADDITIONAL AMOUNT OF $219.60, REPRESENTING THE DIFFERENCE IN AIR FREIGHT BETWEEN 3,904 AND 6,100 POUNDS, WHICH THE AIRLINE CHARGED YOU AFTER IT WEIGHED THE EFFECTS IN MIAMI. APPARENTLY, YOUR WEIGHT FIGURE OF 3,904 POUNDS GROSS WAS ACCEPTED FOR LOADING BY THE AIRLINE IN PANAMA WITHOUT REWEIGHING.

OUR INFORMATION IS THAT THE EFFECTS GOING TO THE UNITED STATES WERE PACKED SEPARATELY FROM THE EFFECTS GOING TO BRAZIL AND WEIGHED BY YOU. THAT PART OF THE EFFECTS FOR SHIPMENT TO THE UNITED STATES IS STATED TO HAVE WEIGHED 3,718 POUNDS NET (3,904 POUNDS GROSS) AND THE BALANCE FOR SHIPMENTS TO BRAZIL 11,640 POUNDS NET (15,720 POUNDS GROSS). THE EFFECTS WERE NOT SHIPPED IMMEDIATELY AFTER BEING PACKED (JULY 1959) BUT WERE HELD FOR FURTHER INSTRUCTIONS. LATER IN OCTOBER 1959, BEFORE THE EFFECTS WERE SHIPPED, MR. PAINE AUTHORIZED THE REMOVAL OF CERTAIN EFFECTS FROM THE BRAZIL SHIPMENT (WHICH HAD BEEN PACKED IN LIFT VANS) FOR ADDING TO THE UNITED STATES SHIPMENT. THE EVIDENCE INDICATES THAT 30 ITEMS WERE SO REMOVED FROM THE "BRAZIL" LIFT VANS.

THE EFFECTS DESTINED FOR BRAZIL WHICH CONSISTED OF 5 LIFT VANS AND ONE CRATE WERE SHIPPED ON A VESSEL BELONGING TO THE UNITED FRUIT COMPANY FOR WHICH THE UNITED STATES PAID $2,157.97. THE TRANSPORTATION CHARGES FOR THESE EFFECTS WERE BILLED FOR ON A CUBIC FOOT BASIS WHICH ELIMINATED ANY NECESSITY FOR WEIGHING BY THE WATER CARRIER PRIOR TO LOADING. HERE AGAIN THE WEIGHT FIGURES ORIGINALLY FURNISHED BY YOU WERE APPARENTLY ACCEPTED, THAT IS, A GROSS WEIGHT OF 15,720 POUNDS. ALSO, THE UNITED STATES PAID $376.37 TO A. LUZITANA FOR HAULING THE EFFECTS FROM SANTOS, BRAZIL, TO CURITIBA, BRAZIL, WHICH CHARGE APPEARS TO BE BASED ON THE WEIGHTS FURNISHED BY YOU.

THERE IS NO EVIDENCE WHATSOEVER THAT THE TWO SHIPMENTS TO BRAZIL AND THE UNITED STATES WERE REWEIGHED BY YOU AFTER CERTAIN EFFECTS WERE REMOVED FROM THE BRAZIL SHIPMENT AND ADDED TO THE SHIPMENT TO THE UNITED STATES. THIS IS SUPPORTED BY THE FACT THAT THE SHIPMENT TO THE UNITED STATES, WHICH WAS ACTUALLY WEIGHED IN MIAMI, AMOUNTED TO 6,100 POUNDS GROSS. THEREFORE, WE HAVE CONCLUDED THAT MR. PAINE (IN CONNECTION WITH CERTAIN CHARGES FOR EXCESS WEIGHT) IS ENTITLED TO A CREDIT FOR THE DIFFERENCE BETWEEN 6,100 POUNDS GROSS AND 3,904 POUNDS GROSS OR 2,196 POUNDS GROSS (ADJUSTED TO 2,087 POUNDS NET) FOR DEDUCTION FROM THE BRAZIL SHIPMENT ALLEGED BY YOU AS WEIGHING 11,640 POUNDS NET.

SINCE IT IS OBVIOUS THAT YOU FAILED TO DEDUCT THE WEIGHT OF THE EFFECTS REMOVED FROM THE ORIGINAL BRAZIL SHIPMENT OF 11,640 POUNDS AND REPACK THE EFFECTS IN SMALLER LIFT VANS, YOU MUST BE HELD LIABLE FOR THE OVERCHARGES RESULTING THEREFROM. BY SUBTRACTING THE NET WEIGHT OF THE ADDITIONAL AIR SHIPMENT TO THE UNITED STATES (2,087 POUNDS NET) FROM THE 11,640 POUNDS NET, WE ARRIVE AT A BALANCE OF 9,553 POUNDS FOR WHICH THE UNITED STATES GOVERNMENT SHOULD HAVE BEEN CHARGED. WE COMPUTE THE AMOUNT OWED BY YOU AS $454.34, THAT IS, 2,087/11,640 OF $2,534.34 ($2,157.97 AND $376.37).

PAYMENT OF THE $454.34 BY CHECK OR MONEY ORDER, PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO THE FOLLOWING ADDRESS: U.S. GENERAL ACCOUNTING OFFICE POST OFFICE BOX 2610 WASHINGTON, D.C. 20013